"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2015] FWC 2589

[2015] FWC 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(B2015/439)

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(B2015/440)

Construction, Forestry, Mining and Energy Union
(B2015/443)

DEPUTY PRESIDENT ASBURY BRISBANE, 14 APRIL 2015

Proposed protected action ballot of employees of Anglo Coal (Capcoal Management) Pty Ltd.

[1] This decision concerns applications made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the Construction, Forestry, Mining and Energy Union (the CFMEU) pursuant to s.437 of the Fair Work Act 2009 (the Act) (collectively the Applicants). The Applicants seek protected action ballot orders in relation to certain employees of Anglo Coal (Capcoal Management) Pty Ltd (the Employer). Pursuant to s.442 of the Act I considered it appropriate to deal with the applications at the same time as they relate to the same employer and to do so would not delay the determination of any of the applications.

[2] The Employer has advised in writing that it does not object to the proposed orders sought by each of the Applicants.

[3] In the circumstances I have decided to determine the matters on the basis of the material on the file, as I am satisfied it is not necessary to hold a hearing.

[4] The Applicants have each filed an affidavit in support of their application. The statements filed in these matters are statements of:

● Mr Jason Lund, State Organiser of the AMWU;
● Mr Glenn Hall, Organiser of the CEPU; and
● Mr Mitch Hughes, Senior District Vice President of the CFMEU - Mining and Energy Division, Queensland District.

[5] After considering the applications and the supporting statements, I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, the orders must be made. An order in each matter, based on the draft provided by the individual Applicants, will issue at the same time as this Decision.

DEPUTY PRESIDENT

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